Previous owner of an expired domain contacts me and wishes...

[Erdy]

and he wishes that I may have sickening indigestion! Lol.

Today I received an email. The title was "thieves of websites". I wouldn't open it because I thought it was spam but it didn't have any attachments and I was curious. Then I found this note inside it:

YOU ARE! But you will regret it because you will be paying dearly
(FINANCIALLY!) for having cannibalized xxxxxxxxx.com. May you have
sickening indigestion!

It was an enom domain that was sold at namejet in auction. There were two other bidders but I won it. Does the previous owner have any chance getting it back from enom?

The domain is a French poets name who died thirty years ago. I wouldn't mind if he chooses the UDRP route to challange me since I believe he has no chance. But I'm a little worried about namejet.com.

Can he still get the domain back at enom after the auction finished 7 days ago?

Thats a funny email isn't it. I believe the guy is French since he speaks English in a funny way and he uses a French name.

 

[smashfactory]

better buy some pepto bismol, just in case :lol:

 

[geb9696]

I had something similiar happen to me. I bought a domain after it dropped and then 4-5 months later I was contacted by the previous owner. The person asked to buy the name from me for reg fee I wanted a specific price for the name. The previous owner got extremely mad and started to call me names and said he would be filing a lawsuit against me. I have yet to be contacted about a lawsuit and this was months ago. If they do file to get the name back you have done nothing wrong. You did everything that you were supposed to do. I would not worry about it until you are actually served court papers.

 

[ipodxpert]

nothing to worry. few weeks back i registered a really good name in .tv extension. Then a week later after the registration,i got an email from the owner of the same name but in different extension. And the email was really funny, he says that he was the owner of the name in .tv ext and accidentally he forgot to renew it. He goes on saying that please release this name in the name of peace.

When i said no then he starts writing crap and starts giving me names. I just wrote one single email saying that he should go & "Fcuk" himself.

 

[htmlindex]

:lol: these guys are funny. They should've renewed their names if they really wanted to keep them. Another reason as to why you should keep on top of the expiry dates of the names you own

 

[Nattydomain]

I had the same thing to....called me a domain piece of *&^%$.....guess he was mad I would make money off of it LOL

Too bad so sad

 

[Kate]

Some people need to get a life. When you are negligent learn your lesson and move on.

 

[weblord]

finders keepers, he/she forgots to renew then it's his/her lost.

 

[Spade]

I had a similar issue with a name from snapnames.
the original owner felt he was entitled to the domain
I explained the situation to him but advised that I had
no intention of selling it back to him.

 

[edit]

I actually had a lawyer call me regarding a dropped domain name that I won in auction some years ago, though when I presented to him the world of expired domains, dropping and the rush to re-register I never heard from him again. Though I did suggest he contact the registrar that dropped the domain because if it was their mistake I would've billed them for it and handed it back without a problem.

 

[italiandragon]

nothing to worry Marcello, unless they had a TM on it, you are safe.

 

[Seabass]

In 1997 I picked up a one word drop and then a guy called me and said he forgot to renew it and wanted it back b/c it was the name of his poodle. Back then, I don't believe it was possible to find out very easily who the previous owner was.

In lieu of a lawsuit, he offered me $600 for the name, that today I assume is worth several hundred thousand dollars. He then labeled me an idiot for not taking the money said I should not "look a gift horse in the mouth". He kept on aggressively with, "Really, you seriously would not take $600", over and over. But for some reason the conversation continued even after the berating and I found out he sold HardCore,com for $11,000 a couple years earlier. So, what I really had was a domain investor on my hands trying to intimidate me into a sale.

You never know who you are dealing with.

 

[DotWeekly]

I have posted this before, but if you look at the Expired date and do the math on almost all of the domains that are at auction, they are only about 1.5 month's into expiring. So really, the owner should be able to get the domain back for about 30 days ish after the auction was Over....

From my understanding, eNom does put an Auction lock on domains for 45 days to cover this, but Snap and NetSol domains are not.

Couple quick examples:

Gazebo(.)net Just ended today at NameJet.
ICANN Registrar: NETWORK SOLUTIONS, LLC.
Created: 1996-10-31
Expires: 2008-10-30

41 days into expiring...(the real date would of been 2007-10-30) I thought the process took like 72-76 days with the last 4-6 days only being the time you could not renew?

GCPC(.)com ended today as well at NameJet.
ICANN Registrar: NETWORK SOLUTIONS, LLC.
Created: 1998-11-02
Expires: 2008-11-01

41 days into expiring.

 

[italiandragon]

I have posted this before, but if you look at the Expired date and do the math on almost all of the domains that are at auction, they are only about 1.5 month's into expiring. So really, the owner should be able to get the domain back for about 30 days ish after the auction was Over....

From my understanding, eNom does put an Auction lock on domains for 45 days to cover this, but Snap and NetSol domains are not.

Couple quick examples:

Gazebo(.)net Just ended today at NameJet.
ICANN Registrar: NETWORK SOLUTIONS, LLC.
Created: 1996-10-31
Expires: 2008-10-30

41 days into expiring...(the real date would of been 2007-10-30) I thought the process took like 72-76 days with the last 4-6 days only being the time you could not renew?

GCPC(.)com ended today as well at NameJet.
ICANN Registrar: NETWORK SOLUTIONS, LLC.
Created: 1998-11-02
Expires: 2008-11-01

41 days into expiring.

so the Registrars renew them for a year while the original Registrant still could do it, and put it for auction hoping that the Registrant does not want it back. I wonder if they can do this, if the ICANN approved this too.

 

[Erdy]

Yofie, you are right about enom applying an auction lock. I found the following in this page.

What is "Auction Lock" and why is it placed on Pre-Release domain names supplied by eNom?
If a Pre-Release domain name is supplied by eNom, upon receipt of your auction payment the domain enters an Escrow Holding Period known as Auction Lock. This holding period lasts for 42 days following the completion of the auction. During this period, the domain cannot be transferred, the WHOIS cannot be updated or changed to anyone other than the successful bidder, nor can you push the domain to another account. BulkRegister also enforces "auction Lock". Other registrar partners of NameJet do not follow these rules.

I had not looked around carefully in my enom account but now I did. In fact after I login to enomcentral.com and click 'domains/my domains' and then click on the domain itself, it says Currently in "Auction Lock".

Then I searched a bit more and found the following text on this page:

Billing and Escrow Holding Period: Once the auction has closed, the successful bidder will have five (5) days in which to pay eNom, Inc. the bid price of the Pre-Release Auctioned Domain name and any applicable registration fees. If the successful bidder fails to make timely payment for the domain and any applicable registration fees, eNom, Inc. reserves the right to place the domain back into another public auction, award it to the next highest bidder or do whatever it deems necessary or advisable.

Upon receipt of timely payment, the Pre-Release Auctioned Domain name then enters an Escrow Holding Period. The Escrow Holding Period lasts for thirty (30) consecutive days. During this period, there is a "lock" put on the domain name until the expiration of the Escrow Period, which means the domain cannot be transferred to anyone, nor can the contact information in WHOIS be changed or updated to anyone other than the successful bidder. Furthermore, during the Escrow Holding Period, the former eNom registrant (the eNom registrant who registered the domain name prior to the Pre-Release auction) may redeem and register the domain name if that registrant has a valid claim or challenges the expiration. During the Escrow Holding Period, the successful bidder may use the domain name, including creating and hosting a web site. However, at any time during the Escrow Holding Period, the domain name may be transferred back to the registrant or to eNom, Inc., if eNom, Inc. chooses to retrieve the domain name for any reason. If that should occur, the successful bidder will be refunded the amount the successful bidder paid for the Pre-Release domain name in the auction, any registration fees related to the Pre-Release domain name, and/or other fees that were paid to eNom, Inc. by the successful bidder to acquire the domain name, including any eNom products that were purchased in connection with the Pre-Release domain name for use only with the Pre-Release domain name. The successful bidder further acknowledges and agrees that his/her website created and launched at the Pre-Release domain name (if any) shall cease operations if and when the Pre-Release domain name has been awarded back to the prior registrant and/or eNom, Inc. and any and all rights to the Pre-Release domain name will cease. eNom, Inc. is not responsible for an fees, losses, or other damages that you have incurred due to loss of the Pre-Release domain name. At the expiration of the Escrow Holding Period, provided that there are not any challenges made by the former registrant to the Pre-Release domain name and eNom, Inc. has not retrieved the Pre-Release domain name, the successful bidder will have any and all rights to the domain name as provided under the Registration Agreement.

It appears there is still a chance the previous ovner might get the domain back.

 

[Dave_Z]

It appears there is still a chance the previous ovner might get the domain back.

I was about to answer "read the agreement" until I read your post.

There's definitely a chance. Whether that'll happen or not is up to eNom.

BTW, is the domain name indeed with eNom or Netsol?

 

[italiandragon]

I was about to answer "read the agreement" until I read your post.

There's definitely a chance. Whether that'll happen or not is up to eNom.

BTW, is the domain name indeed with eNom or Netsol?

Hi Dave, I assume you into the legal field by reading some of your past posts.

Do you think Registrars can do these auctions where the past Registrant has still rights to claim the name? Would not save headaches just to wait that they drop and the auction after the dropcatchers catch them just like Snap does? I find it to be a mess this system.

Thanks!

 

[Dave_Z]

Hi Dave, I assume you into the legal field by reading some of your past posts.

Well, it so happens I'm interested in learning. I guess the lawyer in me is trying
to get out. :D

Anyway, short answer is yes. Longer answer is it depends on their agreement
and how simple or complex the issue is, especially if the previous registrant is
prepared to make a big fuss.

 

[Erdy]

Hello Dave Zan,

It is with enom and it is indeed locked.

Btw, if there are any creative domainers out there who thought of pushing the domain from enom to namecheap and then to moniker, don't try it. It doesn't work. Pushing is disabled during auction lock.

Normally you can push from enom to NC. Today NC even gave me their enom username.

Italiandragon,
I agree that they should wait until the previous owner has no chance to regain it. But we accpet the term before the auction so there is nothing wrong legally.

Godaddy does the same crap. The problem is you might win an aoction for 3000 USD and a losing bidder might contact the previous owner offering him 2000 USD. There are lots of dirty tricks in this business.

 

[bricio]

the industry needs (more) laws, protocols... whatever be reasonable to make it more trustable